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House File 64 - IntroducedA Bill ForAn Act 1prohibiting employers and employment agencies from
2seeking the criminal record or criminal history from
3applicants for employment under certain circumstances,
4establishing a criminal history employment application task
5force, providing penalties, and including effective date
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PROHIBITED HIRING PRACTICES — CRIMINAL RECORD OR CRIMINAL
3HISTORY
4 Section 1. Section 84A.5, subsection 4, Code 2019, is
5amended to read as follows:
64. The division of labor services is responsible for the
7administration of the laws of this state under chapters 88,
888A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92,
9and 94A, and sections 73A.21 and 85.68. The executive head of
10the division is the labor commissioner, appointed pursuant to
11section 91.2.
12 Sec. 2. Section 91.4, subsection 2, Code 2019, is amended
13to read as follows:
142. The director of the department of workforce development,
15in consultation with the labor commissioner, shall, at the
16time provided by law, make an annual report to the governor
17setting forth in appropriate form the business and expense of
18the division of labor services for the preceding year, the
19number of remedial actions taken under chapter 89A, the number
20of disputes or violations processed by the division and the
21disposition of the disputes or violations, and other matters
22pertaining to the division which are of public interest,
23together with recommendations for change or amendment of the
24laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B,
2590A, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68,
26and the recommendations, if any, shall be transmitted by the
27governor to the first general assembly in session after the
28report is filed.
29 Sec. 3. NEW SECTION. 91F.1 Declarations and purpose.
301. The general assembly declares that:
31a. Removing obstacles to employment for individuals with
32criminal records provides economic and social opportunities to
33a large group of individuals in Iowa, as well as increasing the
34productivity, health, and safety of Iowa communities.
35b. Employment advertisements in Iowa frequently include
-1-1language regarding criminal records that is unrelated to the
2employment vacancy and that either explicitly precludes or
3strongly dissuades individuals from applying for employment for
4which they are otherwise qualified.
5c. Individuals with criminal records represent a group of
6job seekers ready and able to enlarge and contribute to the
7workforce.
8d. Securing employment significantly reduces the risk of
9recidivism for individuals with criminal records.
10e. The opportunity for individuals with criminal records
11to secure employment or to pursue, practice, or engage in
12a meaningful and profitable trade, occupation, vocation,
13profession, or business is essential to rehabilitation and
14their resumption of the responsibilities of citizenship.
152. It is the purpose of this chapter to improve the economic
16viability, health, and security of Iowa communities and to
17assist individuals with criminal records to reintegrate into
18the community, become productive members of the workforce, and
19provide for their families and themselves.
20 Sec. 4. NEW SECTION. 91F.2 Definitions.
211. “Applicant” means a person pursuing employment with an
22employer or with or through an employment agency.
232. “Commissioner” means the labor commissioner, appointed
24pursuant to section 91.2, or the labor commissioner’s designee.
253. “Criminal record or criminal history” means information
26collected or possessed by any criminal justice agency or
27judicial system in this state or in another jurisdiction,
28including a federal, military, tribal, or foreign jurisdiction,
29concerning individuals which information includes identifiable
30descriptions and notations of arrests, detentions, indictments,
31or other formal criminal charges, and any disposition arising
32therefrom, including acquittal, deferred judgment, sentencing,
33correctional supervision, release, or conviction, and any
34sentence arising from a verdict or plea of guilty or nolo
35contendere, including a sentence of incarceration, a suspended
-2-1sentence, a sentence of probation, or a sentence of conditional
2discharge.
34. “Employer” means a person who has four or more employees
4in the current or preceding calendar year and includes an agent
5of such a person. For purposes of this chapter, individuals
6who are members of the employer’s family shall not be counted
7as employees.
85. “Employment agency” means a person who, with or without
9compensation, regularly brings together those desiring to
10employ and those desiring employment and includes an agent of
11such a person.
12 Sec. 5. NEW SECTION. 91F.3 Prohibited hiring practices —
13exceptions.
141. An employer or employment agency shall not inquire
15about or require disclosure of the criminal record or criminal
16history of an applicant until the applicant’s interview is
17being conducted or, if an interview will not be conducted,
18until after a conditional offer of employment is made to the
19applicant by the employer or employment agency.
202. Subsection 1 does not apply to the following positions
21if an employer or employment agency establishes a separate
22application form for such positions that includes the title and
23job description of the position, the specific state or federal
24law or bonding requirement that applies to the position, and
25the types of criminal offenses that would preclude an applicant
26from being hired for the position:
27a. Positions where employers are required to exclude
28applicants with certain criminal convictions from employment
29due to federal or state law.
30b. Positions where a fidelity bond or an equivalent bond is
31required and an applicant’s conviction of one or more specified
32criminal offenses would disqualify the applicant from obtaining
33such bond, in which case an employer may include a question or
34otherwise inquire whether the applicant has ever been convicted
35of such specified criminal offenses.
-3- 13. Subsection 1 does not prohibit an employer or employment
2agency from notifying applicants in writing of specific
3offenses that will disqualify an applicant from employment in a
4particular position as permitted by subsection 2.
54. Subsection 1 does not apply to the following positions:
6a. Positions where an employee will work within the
7residence of the employer if the employer or members of the
8employer’s family reside therein during such employment.
9b. Positions where an employee will have entry access to a
10personal residence or an occupied unit in a multiple housing
11structure.
12c. Positions where an employee will render personal service
13to the person of the employer or members of the employer’s
14family.
155. An employment agency shall not be liable for a violation
16of subsection 1 if the employment agency can demonstrate by
17clear and convincing evidence that such violation was caused by
18the employment agency’s good-faith reliance on an affirmative
19representation by an employer that one of the exceptions listed
20in subsection 2 or 4 applied to the position in question. The
21employer shall be liable for any such violations.
22 Sec. 6. NEW SECTION. 91F.4 Powers and duties of the
23commissioner.
241. The commissioner may hold hearings and investigate
25alleged violations of this chapter by an employer or employment
26agency.
272. The commissioner may assess and recover civil penalties
28in accordance with sections 91F.5 and 91F.6.
293. The commissioner shall adopt rules pursuant to chapter
3017A to administer this chapter.
31 Sec. 7. NEW SECTION. 91F.5 Civil penalties — amount.
32An employer or employment agency who violates the provisions
33of this chapter shall be subject to a penalty as follows:
341. For a first violation, the commissioner shall issue
35a written warning to the employer or employment agency that
-4-1includes notice regarding penalties for subsequent violations
2and the employer or employment agency shall have thirty days
3to remedy the violation.
42. For a second violation, or if a previous violation is not
5remedied within thirty days of notice by the commissioner, the
6commissioner may impose a civil penalty of up to five hundred
7dollars.
83. For a third violation, or if a previous violation is not
9remedied within sixty days of notice by the commissioner, the
10commissioner may impose a civil penalty of up to one thousand
11five hundred dollars.
124. For subsequent violations, or if a previous violation is
13not remedied within ninety days of notice by the commissioner,
14the commissioner may impose a civil penalty of up to one
15thousand five hundred dollars for every thirty days that pass
16thereafter without compliance.
17 Sec. 8. NEW SECTION. 91F.6 Civil penalties — recovery.
181. The commissioner may propose that an employer be assessed
19a civil penalty as provided in section 91F.4 by serving the
20employer with notice of such proposal in the same manner as an
21original notice is served under the rules of civil procedure.
22Upon service of such notice, the proposed assessment shall be
23treated as a contested case under chapter 17A. However, an
24employer or employment agency must request a hearing within
25thirty days of being served.
262. If an employer or employment agency does not request
27a hearing pursuant to subsection 1 or if the commissioner
28determines, after an appropriate hearing, that an employer
29or employment agency is in violation of this chapter, the
30commissioner shall assess a civil penalty in accordance with
31section 91F.5.
323. An employer or employment agency may seek judicial
33review of any assessment made under subsection 2 by instituting
34proceedings for judicial review pursuant to chapter 17A.
35 However, such proceedings must be instituted in the district
-5-1court of the county in which the violation or one of the
2violations occurred and within thirty days of the day on which
3the employer was notified that an assessment has been made.
44. After the time for seeking judicial review has expired
5or after all judicial review has been exhausted and the
6commissioner’s assessment has been upheld, the commissioner
7shall request the attorney general to recover the assessed
8penalties in a civil action.
95. Civil penalties recovered pursuant to this section shall
10be remitted by the commissioner to the treasurer of state for
11deposit in the general fund of the state.
12 Sec. 9. NEW SECTION. 91F.7 Construction.
13This chapter shall not be construed to require an employer to
14employ an individual with a criminal record.
15 Sec. 10. EFFECTIVE DATE. This division of this Act takes
16effect January 1, 2020.
17DIVISION II
18Criminal history employment application task force
19 Sec. 11. CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK FORCE
20AND REPORT.
211. A criminal history employment application task force
22is created. The task force shall consist of the following
23members:
24a. The labor commissioner or the labor commissioner’s
25designee, who shall represent public sector employers.
26b. Two representatives of established civil rights
27and civil liberties organizations appointed by the labor
28commissioner.
29c. Two representatives of private sector employers
30appointed by the labor commissioner.
31d. One representative of a private sector labor
32organization appointed by the labor commissioner.
33e. One representative of a statewide public sector labor
34organization appointed by the labor commissioner.
352. The task force shall study appropriate voluntary
-6-1standards and procedures for evaluating employment applications
2from an individual with a criminal history, including but not
3limited to the nature of the crime, the age at which the crime
4was committed, the nature of the duties of the position applied
5for, and relevant evidence of the individual’s rehabilitation.
63. The labor services division of the department of
7workforce development shall provide staffing services for the
8task force. The labor commissioner or the labor commissioner’s
9designee shall serve as the chairperson of the task force.
104. The members of the task force shall serve without
11compensation and shall not be reimbursed for their expenses.
125. The task force shall submit a report regarding its
13findings and recommendations to the governor and the general
14assembly no later than January 1, 2020. The report shall
15include a model pamphlet or other publication in both printed
16and electronic form on evaluating employment applications
17from individuals with criminal histories to be distributed to
18employers in Iowa in a manner similar to other information
19distributed by the labor commissioner.
20 Sec. 12. EFFECTIVE DATE. This division of this Act, being
21deemed of immediate importance, takes effect upon enactment.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25DIVISION I — PROHIBITED HIRING PRACTICES — CRIMINAL
26RECORD OR CRIMINAL HISTORY. Division I of this bill prohibits
27an employer or employment agency from inquiring about or
28requiring disclosure of the criminal record or criminal
29history of an applicant until the applicant’s interview is
30being conducted. If an interview for the position will not be
31conducted, the prohibition applies until after a conditional
32offer of employment is made to the applicant by the employer or
33employment agency.
34The prohibition does not apply to certain positions listed
35in the division if an employer or employment agency establishes
-7-1a separate application form for such positions that includes
2certain information listed in the division. The division does
3not prohibit an employer or employment agency from notifying
4applicants in writing of specific offenses that will disqualify
5an applicant from employment in a particular position as
6permitted by these exceptions.
7The prohibition does not apply to certain additional
8positions listed in the division.
9An employment agency shall not be liable for a violation of
10the prohibition if the employment agency can demonstrate by
11clear and convincing evidence that such violation was caused by
12the employment agency’s good-faith reliance on an affirmative
13representation by an employer that one of the exceptions listed
14in the bill applied to the position in question. The employer
15shall be liable for any such violations.
16The division defines “applicant” as a person pursuing
17employment with an employer or with or through an employment
18agency. The division defines “employer” as a person who has
19four or more employees in the current or preceding calendar
20year and an agent of such a person, excluding family members.
21The division defines “employment agency” as a person who,
22with or without compensation, regularly brings together those
23desiring to employ and those desiring employment and an agent
24of such a person.
25The division defines “criminal record or criminal history”
26as information collected or possessed by any criminal
27justice agency or judicial system in this state or in another
28jurisdiction, including a federal, military, tribal, or
29foreign jurisdiction, concerning individuals which information
30includes identifiable descriptions and notations of arrests,
31detentions, indictments, or other formal criminal charges,
32and any disposition arising therefrom, including acquittal,
33deferred judgment, sentencing, correctional supervision,
34release, or conviction, and any sentence arising from a verdict
35or plea of guilty or nolo contendere, including a sentence of
-8-1incarceration, a suspended sentence, a sentence of probation,
2or a sentence of conditional discharge.
3An employer or employment agency that violates the
4provisions of the division is subject to civil penalties
5ranging from a written warning for a first violation to up to
6$1,500 every 30 days for a fourth or subsequent violation not
7remedied within 90 days.
8The labor commissioner may hold hearings and investigate
9alleged violations of the division by an employer or employment
10agency, may assess and recover civil penalties and seek
11attorney general assistance in such recovery according to the
12procedural provisions of the division, and shall adopt rules to
13administer the division.
14The division shall not be construed to require an employer to
15employ an individual with a criminal record.
16The division takes effect January 1, 2020.
17DIVISION II — CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK
18FORCE. Division II of the bill creates a criminal history
19employment application task force. The task force shall study
20appropriate voluntary standards and procedures for evaluating
21employment applications from an individual with a criminal
22history, including but not limited to the nature of the crime,
23the age at which the crime was committed, the nature of the
24duties of the position applied for, and relevant evidence of
25the individual’s rehabilitation.
26The division lists the membership of the task force. The
27labor commissioner shall be the chairperson of the task force
28and the labor services division of the department of workforce
29development shall provide staffing services for the task force.
30The task force shall submit a report regarding its findings
31and recommendations to the governor and the general assembly no
32later than January 1, 2020. The report shall include a model
33pamphlet or other publication in both printed and electronic
34form on evaluating employment applications from individuals
35with criminal histories to be distributed to employers in Iowa
-9-1in a manner similar to other information distributed by the
2labor commissioner.
3The division takes effect upon enactment.
-10-je/rn
2seeking the criminal record or criminal history from
3applicants for employment under certain circumstances,
4establishing a criminal history employment application task
5force, providing penalties, and including effective date
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PROHIBITED HIRING PRACTICES — CRIMINAL RECORD OR CRIMINAL
3HISTORY
4 Section 1. Section 84A.5, subsection 4, Code 2019, is
5amended to read as follows:
64. The division of labor services is responsible for the
7administration of the laws of this state under chapters 88,
888A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92,
9and 94A, and sections 73A.21 and 85.68. The executive head of
10the division is the labor commissioner, appointed pursuant to
11section 91.2.
12 Sec. 2. Section 91.4, subsection 2, Code 2019, is amended
13to read as follows:
142. The director of the department of workforce development,
15in consultation with the labor commissioner, shall, at the
16time provided by law, make an annual report to the governor
17setting forth in appropriate form the business and expense of
18the division of labor services for the preceding year, the
19number of remedial actions taken under chapter 89A, the number
20of disputes or violations processed by the division and the
21disposition of the disputes or violations, and other matters
22pertaining to the division which are of public interest,
23together with recommendations for change or amendment of the
24laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B,
2590A, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68,
26and the recommendations, if any, shall be transmitted by the
27governor to the first general assembly in session after the
28report is filed.
29 Sec. 3. NEW SECTION. 91F.1 Declarations and purpose.
301. The general assembly declares that:
31a. Removing obstacles to employment for individuals with
32criminal records provides economic and social opportunities to
33a large group of individuals in Iowa, as well as increasing the
34productivity, health, and safety of Iowa communities.
35b. Employment advertisements in Iowa frequently include
-1-1language regarding criminal records that is unrelated to the
2employment vacancy and that either explicitly precludes or
3strongly dissuades individuals from applying for employment for
4which they are otherwise qualified.
5c. Individuals with criminal records represent a group of
6job seekers ready and able to enlarge and contribute to the
7workforce.
8d. Securing employment significantly reduces the risk of
9recidivism for individuals with criminal records.
10e. The opportunity for individuals with criminal records
11to secure employment or to pursue, practice, or engage in
12a meaningful and profitable trade, occupation, vocation,
13profession, or business is essential to rehabilitation and
14their resumption of the responsibilities of citizenship.
152. It is the purpose of this chapter to improve the economic
16viability, health, and security of Iowa communities and to
17assist individuals with criminal records to reintegrate into
18the community, become productive members of the workforce, and
19provide for their families and themselves.
20 Sec. 4. NEW SECTION. 91F.2 Definitions.
211. “Applicant” means a person pursuing employment with an
22employer or with or through an employment agency.
232. “Commissioner” means the labor commissioner, appointed
24pursuant to section 91.2, or the labor commissioner’s designee.
253. “Criminal record or criminal history” means information
26collected or possessed by any criminal justice agency or
27judicial system in this state or in another jurisdiction,
28including a federal, military, tribal, or foreign jurisdiction,
29concerning individuals which information includes identifiable
30descriptions and notations of arrests, detentions, indictments,
31or other formal criminal charges, and any disposition arising
32therefrom, including acquittal, deferred judgment, sentencing,
33correctional supervision, release, or conviction, and any
34sentence arising from a verdict or plea of guilty or nolo
35contendere, including a sentence of incarceration, a suspended
-2-1sentence, a sentence of probation, or a sentence of conditional
2discharge.
34. “Employer” means a person who has four or more employees
4in the current or preceding calendar year and includes an agent
5of such a person. For purposes of this chapter, individuals
6who are members of the employer’s family shall not be counted
7as employees.
85. “Employment agency” means a person who, with or without
9compensation, regularly brings together those desiring to
10employ and those desiring employment and includes an agent of
11such a person.
12 Sec. 5. NEW SECTION. 91F.3 Prohibited hiring practices —
13exceptions.
141. An employer or employment agency shall not inquire
15about or require disclosure of the criminal record or criminal
16history of an applicant until the applicant’s interview is
17being conducted or, if an interview will not be conducted,
18until after a conditional offer of employment is made to the
19applicant by the employer or employment agency.
202. Subsection 1 does not apply to the following positions
21if an employer or employment agency establishes a separate
22application form for such positions that includes the title and
23job description of the position, the specific state or federal
24law or bonding requirement that applies to the position, and
25the types of criminal offenses that would preclude an applicant
26from being hired for the position:
27a. Positions where employers are required to exclude
28applicants with certain criminal convictions from employment
29due to federal or state law.
30b. Positions where a fidelity bond or an equivalent bond is
31required and an applicant’s conviction of one or more specified
32criminal offenses would disqualify the applicant from obtaining
33such bond, in which case an employer may include a question or
34otherwise inquire whether the applicant has ever been convicted
35of such specified criminal offenses.
-3- 13. Subsection 1 does not prohibit an employer or employment
2agency from notifying applicants in writing of specific
3offenses that will disqualify an applicant from employment in a
4particular position as permitted by subsection 2.
54. Subsection 1 does not apply to the following positions:
6a. Positions where an employee will work within the
7residence of the employer if the employer or members of the
8employer’s family reside therein during such employment.
9b. Positions where an employee will have entry access to a
10personal residence or an occupied unit in a multiple housing
11structure.
12c. Positions where an employee will render personal service
13to the person of the employer or members of the employer’s
14family.
155. An employment agency shall not be liable for a violation
16of subsection 1 if the employment agency can demonstrate by
17clear and convincing evidence that such violation was caused by
18the employment agency’s good-faith reliance on an affirmative
19representation by an employer that one of the exceptions listed
20in subsection 2 or 4 applied to the position in question. The
21employer shall be liable for any such violations.
22 Sec. 6. NEW SECTION. 91F.4 Powers and duties of the
23commissioner.
241. The commissioner may hold hearings and investigate
25alleged violations of this chapter by an employer or employment
26agency.
272. The commissioner may assess and recover civil penalties
28in accordance with sections 91F.5 and 91F.6.
293. The commissioner shall adopt rules pursuant to chapter
3017A to administer this chapter.
31 Sec. 7. NEW SECTION. 91F.5 Civil penalties — amount.
32An employer or employment agency who violates the provisions
33of this chapter shall be subject to a penalty as follows:
341. For a first violation, the commissioner shall issue
35a written warning to the employer or employment agency that
-4-1includes notice regarding penalties for subsequent violations
2and the employer or employment agency shall have thirty days
3to remedy the violation.
42. For a second violation, or if a previous violation is not
5remedied within thirty days of notice by the commissioner, the
6commissioner may impose a civil penalty of up to five hundred
7dollars.
83. For a third violation, or if a previous violation is not
9remedied within sixty days of notice by the commissioner, the
10commissioner may impose a civil penalty of up to one thousand
11five hundred dollars.
124. For subsequent violations, or if a previous violation is
13not remedied within ninety days of notice by the commissioner,
14the commissioner may impose a civil penalty of up to one
15thousand five hundred dollars for every thirty days that pass
16thereafter without compliance.
17 Sec. 8. NEW SECTION. 91F.6 Civil penalties — recovery.
181. The commissioner may propose that an employer be assessed
19a civil penalty as provided in section 91F.4 by serving the
20employer with notice of such proposal in the same manner as an
21original notice is served under the rules of civil procedure.
22Upon service of such notice, the proposed assessment shall be
23treated as a contested case under chapter 17A. However, an
24employer or employment agency must request a hearing within
25thirty days of being served.
262. If an employer or employment agency does not request
27a hearing pursuant to subsection 1 or if the commissioner
28determines, after an appropriate hearing, that an employer
29or employment agency is in violation of this chapter, the
30commissioner shall assess a civil penalty in accordance with
31section 91F.5.
323. An employer or employment agency may seek judicial
33review of any assessment made under subsection 2 by instituting
34proceedings for judicial review pursuant to chapter 17A.
35 However, such proceedings must be instituted in the district
-5-1court of the county in which the violation or one of the
2violations occurred and within thirty days of the day on which
3the employer was notified that an assessment has been made.
44. After the time for seeking judicial review has expired
5or after all judicial review has been exhausted and the
6commissioner’s assessment has been upheld, the commissioner
7shall request the attorney general to recover the assessed
8penalties in a civil action.
95. Civil penalties recovered pursuant to this section shall
10be remitted by the commissioner to the treasurer of state for
11deposit in the general fund of the state.
12 Sec. 9. NEW SECTION. 91F.7 Construction.
13This chapter shall not be construed to require an employer to
14employ an individual with a criminal record.
15 Sec. 10. EFFECTIVE DATE. This division of this Act takes
16effect January 1, 2020.
17DIVISION II
18Criminal history employment application task force
19 Sec. 11. CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK FORCE
20AND REPORT.
211. A criminal history employment application task force
22is created. The task force shall consist of the following
23members:
24a. The labor commissioner or the labor commissioner’s
25designee, who shall represent public sector employers.
26b. Two representatives of established civil rights
27and civil liberties organizations appointed by the labor
28commissioner.
29c. Two representatives of private sector employers
30appointed by the labor commissioner.
31d. One representative of a private sector labor
32organization appointed by the labor commissioner.
33e. One representative of a statewide public sector labor
34organization appointed by the labor commissioner.
352. The task force shall study appropriate voluntary
-6-1standards and procedures for evaluating employment applications
2from an individual with a criminal history, including but not
3limited to the nature of the crime, the age at which the crime
4was committed, the nature of the duties of the position applied
5for, and relevant evidence of the individual’s rehabilitation.
63. The labor services division of the department of
7workforce development shall provide staffing services for the
8task force. The labor commissioner or the labor commissioner’s
9designee shall serve as the chairperson of the task force.
104. The members of the task force shall serve without
11compensation and shall not be reimbursed for their expenses.
125. The task force shall submit a report regarding its
13findings and recommendations to the governor and the general
14assembly no later than January 1, 2020. The report shall
15include a model pamphlet or other publication in both printed
16and electronic form on evaluating employment applications
17from individuals with criminal histories to be distributed to
18employers in Iowa in a manner similar to other information
19distributed by the labor commissioner.
20 Sec. 12. EFFECTIVE DATE. This division of this Act, being
21deemed of immediate importance, takes effect upon enactment.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25DIVISION I — PROHIBITED HIRING PRACTICES — CRIMINAL
26RECORD OR CRIMINAL HISTORY. Division I of this bill prohibits
27an employer or employment agency from inquiring about or
28requiring disclosure of the criminal record or criminal
29history of an applicant until the applicant’s interview is
30being conducted. If an interview for the position will not be
31conducted, the prohibition applies until after a conditional
32offer of employment is made to the applicant by the employer or
33employment agency.
34The prohibition does not apply to certain positions listed
35in the division if an employer or employment agency establishes
-7-1a separate application form for such positions that includes
2certain information listed in the division. The division does
3not prohibit an employer or employment agency from notifying
4applicants in writing of specific offenses that will disqualify
5an applicant from employment in a particular position as
6permitted by these exceptions.
7The prohibition does not apply to certain additional
8positions listed in the division.
9An employment agency shall not be liable for a violation of
10the prohibition if the employment agency can demonstrate by
11clear and convincing evidence that such violation was caused by
12the employment agency’s good-faith reliance on an affirmative
13representation by an employer that one of the exceptions listed
14in the bill applied to the position in question. The employer
15shall be liable for any such violations.
16The division defines “applicant” as a person pursuing
17employment with an employer or with or through an employment
18agency. The division defines “employer” as a person who has
19four or more employees in the current or preceding calendar
20year and an agent of such a person, excluding family members.
21The division defines “employment agency” as a person who,
22with or without compensation, regularly brings together those
23desiring to employ and those desiring employment and an agent
24of such a person.
25The division defines “criminal record or criminal history”
26as information collected or possessed by any criminal
27justice agency or judicial system in this state or in another
28jurisdiction, including a federal, military, tribal, or
29foreign jurisdiction, concerning individuals which information
30includes identifiable descriptions and notations of arrests,
31detentions, indictments, or other formal criminal charges,
32and any disposition arising therefrom, including acquittal,
33deferred judgment, sentencing, correctional supervision,
34release, or conviction, and any sentence arising from a verdict
35or plea of guilty or nolo contendere, including a sentence of
-8-1incarceration, a suspended sentence, a sentence of probation,
2or a sentence of conditional discharge.
3An employer or employment agency that violates the
4provisions of the division is subject to civil penalties
5ranging from a written warning for a first violation to up to
6$1,500 every 30 days for a fourth or subsequent violation not
7remedied within 90 days.
8The labor commissioner may hold hearings and investigate
9alleged violations of the division by an employer or employment
10agency, may assess and recover civil penalties and seek
11attorney general assistance in such recovery according to the
12procedural provisions of the division, and shall adopt rules to
13administer the division.
14The division shall not be construed to require an employer to
15employ an individual with a criminal record.
16The division takes effect January 1, 2020.
17DIVISION II — CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK
18FORCE. Division II of the bill creates a criminal history
19employment application task force. The task force shall study
20appropriate voluntary standards and procedures for evaluating
21employment applications from an individual with a criminal
22history, including but not limited to the nature of the crime,
23the age at which the crime was committed, the nature of the
24duties of the position applied for, and relevant evidence of
25the individual’s rehabilitation.
26The division lists the membership of the task force. The
27labor commissioner shall be the chairperson of the task force
28and the labor services division of the department of workforce
29development shall provide staffing services for the task force.
30The task force shall submit a report regarding its findings
31and recommendations to the governor and the general assembly no
32later than January 1, 2020. The report shall include a model
33pamphlet or other publication in both printed and electronic
34form on evaluating employment applications from individuals
35with criminal histories to be distributed to employers in Iowa
-9-1in a manner similar to other information distributed by the
2labor commissioner.
3The division takes effect upon enactment.
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